TERMS OF SERVICE
Terms and Conditions
Thank you for visiting the Tofu Secrets website (the “Site”) of TofuSecret(known as “TofuSecret”, “we”, “our” or “us”). Access to and use of the Site and related services (collectively, the “Services”) are made available to customers (“you” or “user”)) in accordance with the following Terms and Conditions and any other rules posted on the Site (collectively, the “Terms”).
You may be accessing our Sites from a computer or a mobile. These Terms govern your use of our Sites and your conduct, regardless of the means of access.
By using the Services in any manner, including but not limited to visiting, browsing or placing orders on the Site, you agree to observe and be bound by these Terms and any additional terms and conditions and policies referenced herein and/or available by hyperlink.
PLEASE READ THESE TERMS CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN TofuSecret AND YOU WHICH GOVERNS YOUR USE OF THE SERVICES. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS AND YOUR REPRESENTATION THAT YOU ARE 18 YEARS OF AGE OR OLDER. IF YOU OBJECT TO ANYTHING IN THESE TERMS, YOU ARE NOT PERMITTED TO USE THE SERVICES.
TofuSecret reserves the right to change or modify these Terms at any time. You will be deemed to have agreed and be bound by the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.
The Services are protected by copyright laws, as well as other intellectual property laws and treaties. Unauthorised reproduction or distribution of the Services, or any portion of them, may result in legal actions and penalties. The Services are licenced, not sold.
1. ACCOUNTS AND REGISTRATION
1.3 In using the Site, you agree to accept responsibility for all activities conducted through your account. You are responsible for keeping your account and password secure. If you feel or suspect that the security of your account has been compromised or if there is unauthorised use of your account, please contact us immediately.
2. PROHIBITIONS AND FAILURE TO COMPLY
2.1 We may take actions against your account for activities including, but not limited to:
- using any technology to attempt to hide the use of multiple accounts;
- disrupt any of our Services in any way initiating communications that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material;
- impersonating others; or
- providing any kind of false information to TofuSecret.
2.2 TofuSecret reserves the right, in its sole discretion, to suspend or terminate your account without prior notice if you violate these Terms or for any reason or no reason at any time. We may also suspend or terminate your access to the Services and your account without prior notice if you:
- have violated the terms of these Terms or any other agreement you have with TofuSecret;
- pose an unacceptable credit or fraud risk to us;
- provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or
- for any other reason as determined by TofuSecret in exercise of their discretion.
2.3 If your account is terminated or suspended for any reason or no reason, you agree:
- to continue to be bound by these Terms;
- to immediately stop using the Services;
- that any licenses granted to you under these Terms shall cease immediately;
- that we reserve the right (but have no obligation) to hide or delete all of your information and account data stored on our servers; and
- that TofuSecret may retain and use your information and account data as needed to comply with any investigations conducted by any regulatory or law enforcement body, applicable laws or court issued orders and judgments.
3.USE OF THE SERVICES
3.1 Subject to your compliance with these Terms, TofuSecret grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and licence to use the Services. You shall use the Services in accordance with these terms and shall not:
- violate any applicable laws, rules or regulations in connection with your access or use of the Services;
- use the Services for any purpose for which it is not designed or intended, or to do anything unlawful, immoral, misleading, malicious, or discriminatory;
- copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services;
- make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services;
- use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by TofuSecret;
- upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components;
- use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services; and
- authorise or encourage anyone to do any of the foregoing.
3.2 TofuSecret may change, modify, suspend, or discontinue all or any part of the Services at any time, with or without reason.
4. INTELLECTUAL PROPERTY
4.1 All software and any texts, audio or music, videos, graphics, photographs, and images (known collectively as “Content”) are the intellectual property of TofuSecret and are protected by intellectual property and copyright laws and international treaty provisions. The Site is for your personal and non-commercial use only. Any non-personal and/or commercial use of the Content is only permitted when expressly authorised by TofuSecret. You may not distribute, reproduce, publish, sell or license any Content contained within the Site without prior consent or authorisation of TofuSecret. Any such unauthorised actions may result in civil consequences or criminal penalties.
4.2 TofuSecret reserves the right to withdraw or amend any item of the Services without notice. We will not be liable if for any reason the Site is unavailable at any time and for any period.
5. THIRD PARTY LINKS
5.1 The Site may include links to other websites or resources that are not operated or prepared by TofuSecret. We have no control over such sites and resources and we will not accept responsibility for them or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of them.
6. ELIGIBILITY TO PURCHASE
6.1 In order to place orders with us, you must meet our conditions of eligibility:
- be aged 18 years of age or over;
- be in possession of a valid credit or debit card issued by a licensed bank acceptable to TofuSecret for payment or be in possession of a valid PayPal account; and
- providing personal and payment details that are warranted by you to be both valid and accurate (email address, real name, phone number, billing information and other requested information as indicated on the Site).
6.3 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
6.4 All orders are subject to stock availability and confirmation of the order price. Any goods or products (“Products”) in your shopping basket are not reserved and may be purchased by other customers.
6.5 The Site is for your personal use only. You may not purchase Products from the Site for reselling purposes or commercial exploitation.
7. PRODUCT INFORMATION
7.1 All material and information relating to Products presented by TofuSecret on the Site is intended to be used for personal educational or informational purposes only. The statements made about the Products have not been evaluated by the Customs and Excise Department or any other regulatory body, and the results reported, if any, may not necessarily have the same results on all individuals.
7.2 If any minor uses any Products purchased through the Site, it should be only after the parent or legal guardian has discussed the Product with the minor.
7.3 The Product statements are not intended to diagnose, treat, cure or prevent any condition or disease. References to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TofuSecret. Product claims or descriptions on this website have been provided to us by relevant brand owners or pursuant to customers review or legit suppliers and TofuSecret has not independently verified such claims or descriptions.
7.4 TofuSecret is not responsible or liable for any allergic reactions, discomfort, injury or damage caused to any user as a result of their use of the Products. All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients of the Products to avoid potential allergic reactions. Each user is responsible for the selection, purchase, and use of the appropriate Products.
7.5 Use of our Site is not meant to serve as a substitute for professional medical advice; this Site serves solely as an online store for Products. Please consult with your own physician or health care practitioner regarding the use of any Products and information received from the Site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. TofuSecret does not give or intend to give any answers to medical related questions and this Site does not replace any medical professional or medical resource. TofuSecret does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. If you are in need of medical attention, call emergency services or your physician immediately.
7.6 While we try to provide an accurate description of the Products, we do not warrant that the descriptions, colours, information, pricing, promotions or other content available on the Site is accurate, current or free from error. TofuSecret may correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice, including after you have submitted your order.
8. PRICE AND PAYMENT
8.1 The price payable by you for the Products shall be the price of the Product listed for sale as stated on the Site at the time your order is transmitted to us through the Site, and any applicable taxes.
8.2 You are responsible for the payment of any tax on the Products. Users may obtain a 50% refund on the taxes paid by the user provided that:
- the user presents a valid receipt to us by email for the tax paid for the Products; and
- the refund amount is no more than 10% of the total value of the user’s purchase.
8.3 The prices do not include any applicable shipping or delivery fees. Delivery fees will be charged where applicable and will be included in the order total upon checkout. We reserve the right to amend the price of any Product at any time without giving any reason or prior notice.
8.4 The price of products will be as stipulated at all times on our Sites, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the website are correct, errors may occur. If we discover an error in the price of any of the Products that you have ordered, we will notify you as soon as possible and give you the option of confirming your order at the correct price. If TofuSecret is unable to contact you, your order may be cancelled and the amount paid by you will be refunded via the original payment method you used after deducting the operating costs (including Paypal fee / Stripe fee / Credit card fee that is charged by the third party service providers) involved in the order.
8.5 You may pay for your purchases using a credit card or debit card ([including but not limited to Visa, Mastercard, Discover or American Express)) and PayPal. Credit card and debit card payments are subject to verification and authorise by the card issuer. If the issuer does not authorise payment, TofuSecret shall not be liable for any delay or failure to deliver and we will be unable to conclude any contract with you.
8.6 If you have registered an account on the Site and have decided to save your card details with us, your details will be encrypted, solely used to process card transactions that you have initiated and securely stored on our systems. In the absence of negligence on our part, we will not be liable for any loss you may suffer if any third party procures unauthorised access to any data you provide when using our Services. We use PayPal as our payment processing company and they are highly secured.
9. ACCEPTANCE OF YOUR ORDER
9.1 Once you have entered your personal and payment details and placed your order, we shall send you an email acknowledging the receipt of your order. This email is only a confirmation of receipt of your order and does not constitute an acceptance of your order. Your order will be accepted and the contract between you and TofuSecret will be completed when we send you an email to confirm the goods have been dispatched to you. Only the goods listed in the confirmation email sent at the time of dispatch are included in the contract formed. All sales contracts are therefore concluded in Hong Kong SAR and are written in English.
9.2 TofuSecret reserves its right not to accept an order for any reason at its sole discretion. Such reasons include, but are not limited to, one of the following:
- the Product you ordered is out of stock, or is withdrawn due to its failure to meet our quality standards or due to the shipping restrictions applicable to one or all of the ordered items;
- we identify a pricing or Product description error;
- we are unable to obtain authorisation for payment; or
- you do not meet the eligibility criteria to purchase as set out in these Terms.
Our customer service team will contact you as soon as possible if there are any problems with your order.
10.1 The products displayed on the Site can be ordered and worldwide.
10.2 Subject to the availability of the products you have ordered, TofuSecret will use reasonable endeavours to deliver the order consisting of the Product(s) listed in [email protected].
10.3 Nevertheless, you may occasionally experience delays in delivery for reasons such as a high volume of orders being received by TofuSecret during sale periods, holidays or the occurrence of unforeseen circumstances.
10.4 TofuSecret partners with third party logistics and shipping companies to effect Product deliveries. The time for delivery shall not be of the essence, and we shall not be liable for any delay in delivery howsoever caused. Please refer to this page, https://www.tofusecret.com/shipping-information/ for more information on shipping.
11. ORDER CANCELLATIONS, RETURNS AND EXCHANGES
11.1 The Products sold are not refundable, returnable or exchangeable.
11.2 You cannot cancel the order once the order has been placed/registered with our system/the order has been placed.
12.1 You acknowledge that the operation of the Services may from time to time encounter technical or other problems and we do not guarantee that the Services may continue uninterrupted or without technical or other errors and TofuSecret shall not be responsible to Users for any charges, damages, liabilities or losses incurred or suffered due to any interruptions, errors or problems or an outright discontinuance of the Services.
12.2 You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
12.3 No advice or information, whether oral or written, obtained by you from TofuSecret shall create any representation, warranty or guarantee. Furthermore, you acknowledge that TofuSecret has no obligation to support or maintain the Services.
13. INDEMNITY AND WAIVER
13.1 At our request, you agree to compensate us fully and hold us, TofuSecret (including its officers, directors, agents, affiliates, licensors, and suppliers), harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms by you. This includes the use of the Site by any other persons using your account caused by your action or inaction.
13.2 If you breach the Terms and we take no action against you, it does not constitute a waiver for us to exercise our rights and remedies in any other situation where you breach the Terms.
13.3 This clause and your indemnification obligations will survive the termination of these Terms and your use of the Services.
14. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
14.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation to:
- maintain any Comments in confidence;
- pay compensation for any Comments; or
- to respond to any Comments.
14.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
14.3 You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous, defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
16.1 If at any time any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms shall not be affected or impaired thereby.
17. GOVERNING LAW
17.1 The Terms, together with all our policies and procedures, and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Hong Kong SAR. Users agree to submit to the exclusive jurisdiction of Hong Kong SAR courts.